California Penal Code 459 PC – Burglary 

Overview 

Burglary under California Penal Code 459 PC involves entering a building with the intent to commit theft or any felony inside. It’s not about breaking windows or forcing entry—it’s about your intent at the time of entry. 

Burglary can be charged as a misdemeanor or a felony, depending on the facts. First-degree burglary (residential) is a serious felony, while second-degree burglary (commercial) is often treated more leniently—but both carry major consequences. At Jones Trial Attorneys, we defend burglary cases with the precision and experience they demand—whether the stakes are freedom, your record, or your future. 

Legal Definition 

Penal Code § 459 defines burglary as: 

“Every person who enters any house, room, apartment, store, warehouse… with intent to commit grand or petit larceny or any felony is guilty of burglary.” 

There are two degrees: 

• First-degree burglary – involving an inhabited dwelling (e.g., house, apartment) 

• Second-degree burglary – involving all other structures (e.g., stores, businesses, vehicles) 

No actual theft or felony needs to occur—only the intent is required. 

Elements of the Crime 

To convict someone of burglary, the prosecution must prove: 

1. You entered a building, room, or locked vehicle; 

2. At the time of entry, you intended to commit theft or any felony; 

3. For first-degree burglary, the building was inhabited (used as a residence). 

Penalties for Burglary 

First-Degree (Residential) Burglary – Always a felony 

• 2, 4, or 6 years in state prison 

• Strike offense under California’s Three Strikes law 

• Formal felony probation (if granted) 

Second-Degree (Commercial) Burglary – Wobbler 

• Misdemeanor: Up to 1 year in county jail 

• Felony: 16 months, 2, or 3 years in jail 

• Possible probation or reduction to trespass under PC 602 

Defenses to Burglary 

We’ve successfully defended burglary charges using a variety of legal strategies. Common defenses include: 

• Lack of intent – You entered with no plan to commit theft or a felony. 

• Mistaken identity – You were not the person who entered the property. 

• Consent to enter – You had permission from the occupant or owner. 

• Insufficient evidence – There’s no proof of intent or entry. 

Even if evidence exists, we may negotiate for a lesser charge or dismissal through a plea deal or pretrial diversion. 

Immigration and Employment Consequences 

Burglary convictions—especially residential burglary—can have serious immigration consequences and may be classified as crimes involving moral turpitude or aggravated felonies under federal law. 

They can also impact: 

• Professional licenses 

• Public employment opportunities 

• Background checks for housing or security clearances 

At Jones Trial Attorneys, we tailor your defense to minimize or eliminate these risks. 

Related Offenses 

• Petty Theft – PC 484 

Taking property worth $950 or less 

• Grand Theft – PC 487 

Taking property worth more than $950 

• Trespass – PC 602 

Unlawfully entering property without theft/felony intent 

How Jones Trial Attorneys Can Help 

In burglary cases, early strategy is critical—especially when intent is unclear or identity is disputed. We dive deep into surveillance, witness statements, and search legality to build your strongest possible defense. 

💼 Free consultations 

⚖️ Trial-tested representation 

📍 Local San Diego firm with deep courtroom experience 

Talk to a Criminal Defense Attorney Today 

Call us now at (866) JTA-WINS or Schedule a Free Consultation using the form below.